SHIPOWNER'S LIEN V/S MARITIME LIEN

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M.COM First Year Tutor Marked Solved Assignment

Course Code: IBO – 05
Course Title: International Marketing Logistics
Assignment Code: IBO-04/TMA/2019-20
Coverage: All Blocks

IBO – 05 International Marketing Logistics Solved Assignment for 2019-20

Q5.) Distinguish between the following :

(c.) Shipowner's Lien and Maritime Lien

Ans: “Maritime lien” refers to the privileged claim upon the properties that are connected to the sea, like the ships, and also to the services or injuries that are caused by the sea-connected properties. It also includes the wages the master and crew of the ship, the general average claims, salvage operations, preferred ship mortgages, claims for damage or loss of cargo, etc.


A “Shipowner’s lien” is a possessory lien which can be applied only to the goods that are being delivered by the shipowner when the shipper is under contract. The shipowner may be entitled to retain the cargoes as security until the payment of the debt.

A shipper's lien refers to the rights of the shipowners to retain the goods carried on board until the freight due to them under the contract of carriage has been duly paid. A Maritime lien is on ship, cargo, and freight in respect of services rendered by anyone to save the ship/cargo in time of danger.

Shipowner's lien is essentially a possession lien, whereas the Maritime lien is an executionary claim.

The charges paid over and above the set freight are called 'primage'. Example: tips to customs, in shipowner's lien. In the maritime lien, charges are recovered from shipowner or cargo owner and unless paid, the ship is not allowed to leave port. The court may also order to sell the cargo to recover these charges. The maritime lien can also be filed independently of cargo/ship in court.

A maritime lien is available to the holder of bottomry bond, seamen for wages, the person claiming against the ship for damages due to collision; etc, whereas the shipowner's lien is entrusted with the carrier.